Wrongful death claims and gross negligence in the workplace

Jan 2, 2020

On Dec. 17, the U.S. Bureau of Labor Statistics announced that the number of work-related fatalities in 2018 showed an increase for the fourth time in the past five years. According to the American Society of Safety Professionals, most workplace accidents are preventable, given the innovations and all the tools available to employers in Texas and across the country. More and more employers nationwide face wrongful death claims filed by surviving family members who claim that employers’ gross negligence led to the deaths of their loved ones.

Employers are mandated by law to comply with the safety standards set out by the Occupational Safety and Health Administration. The Americans with Disability Act affords further protection, and yet, occupational accidents continue to claim more lives of workers each year. The ASSP recommends that employers commit to voluntary consensus standards for their particular industries, in addition to the mandatory standards.

Safety authorities report that transportation accidents, violent events and being struck by objects are said to be some of the most frequent causes of severe injuries and deaths in the workplace. All three of these injury types showed significant increases when compared to 2017. Many of these tragedies might have been prevented if employers had prioritized employee safety instead of profits.

Workers’ compensation is optional for employers in Texas, making it challenging for injured workers or the surviving family members of victims of fatal workplace accidents. The sensible step would be to consult with an experienced personal injury attorney who could determine whether there are grounds for a civil personal injury or wrongful death lawsuit. With skilled legal counsel’s advocacy throughout legal proceedings, maximum financial relief might be awarded.